Tenant eviction rights



Tenant eviction rightsWhen a property is leased to an individual or individuals they become the legal tenants of a property. As a result of this there are obligations on both sides of the contract, the tenant and landlord must adhere to these obligations. In cases where a landlord wishes to evict a tenant there is a strict process that must be followed. Despite the landlord legally owning the property, a landlord does not have the right to just evict a tenant just when they wish. A tenant has legal rights when it comes to the eviction process. What rights a tenant has in relation to eviction is dependent upon the type of property tenancy agreement that is in place.If a landlord wishes to or plans to evict a tenant they must inform the tenant in advance. A notice to quit will usually be served by a landlord, this will provide the tenant the chance to leave the property voluntarily before being evicted. If a tenant decides not to leave after the notice to quit being served a landlord must then provide the tenant with a notice to seek possession; a tenant is within their rights to stay in the property until this has been provided. A notice of intent to seek possession is a statement from a landlord stating they are getting a court order to evict the tenant. Until the landlord holds a court order the tenant is still in a position to stay in the property. A landlord cannot remove a tenant without the court order, attempting to do so would be breaching the law.If the landlord is granted a court order and the tenant still decides not to leave the landlord is legally in the position to use bailiffs to remove a tenant from a property. A landlord is not in the position to use any force or bailiffs until the courts have granted the correct permissions.A tenant has rights throughout the eviction process and the landlord must legally stick to the process of eviction. If a tenant is unsure of the their rights or the eviction process they should visit a citizens advice bureau.